This Privacy policy describes how we collect, use, and share personal information.

Types Of Data We Collect

Personal information means information that allows someone to identify or contact you. Non-personal information means information that does not directly identify you. We collect both types of information about you.

The following provides examples of the types of data that we collect from you and how we use the information.

Context

Types of Data and Purpose for Collection

Account Registration

We may collect your name, payment, and contact information when you create an account.

Feedback/Support

If you provide us feedback or contact us for support we will collect your name and e-mail address and possibly other personal information, as well as any other content that you send to us in order to reply.

Online Forms and Submissions

We collect information you submit to us on our websites or through online forms to process your requests.

Order Placement

We may collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order.

Web logs

We may collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet), domain name, click-activity, referring website, and/or a date/time stamp for your visit. Web logs may be used for things like monitoring website usage levels and diagnosing problems.

Device Information

We may collect information about the device accessing the website such as MAC address, device type, and device identifiers.

Cookies

We may use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to your device while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them). Among other things, cookies allow us to provide you with a more interactive experience and track website usage. Persistent cookies may be removed by following instructions provided by your browser. If you choose to disable cookies some areas or features of our websites may not work properly.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

Use and Processing of Your Personal Information

In addition to the uses described above, we use your personal information, sometimes combined with non-personal information, in the following ways:

To identify you when you visit our websites.

To provide the products, information, and services you request or that we think you may be interested in.

To improve and personalize your experience with us.

For order processing and to streamline your checkout and service process.

To conduct analytics and solve problems.

For internal administrative purposes, as well as to manage our relationship with you.

For any permissible purpose of our third party website provider.

Sharing of Personal Information

In addition to the specific situations discussed elsewhere in this policy, we disclose personal information in the following situations:

Affiliates and Acquisitions - We may share your personal information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires our company, business, or our assets, we will also share your personal information with that company.

Other Disclosures with Your Consent - We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.

Other Disclosures without Your Consent - We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal or regulatory process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, for audit purposes, or a violation of our policies.

Service Providers - We may share your personal information with service providers. Among other things service providers may help us to administer our website, conduct surveys, mail communications, and provide technical support. These service providers may collect, store, analyze, or otherwise process information on our behalf. In particular, any information submitted to us is also shared with our third party website provider, who can use your personal information for any permissible purpose including marketing and advertising.

Your Choices

You can make the following choices regarding your personal information:

Changes to Your Personal Information - We rely on you to update and correct your personal information. Our website may allow you to modify or delete your account profile. Some personal information can also be changed by contacting us using the information in the “Contact Information” section below.

Deletion of Your Personal Information - Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may request that we delete your personal information, however we do not have to honor this request unless required by law. All requests must be directed to the contact in the “Contact Information” section below. We may also decide to delete your data if we believe that the data is incomplete, inaccurate, or that our continued use and storage are contrary to our obligations to other individuals or third parties. When we delete personal information it will be removed from our active database, but it may remain in archives where it is not practical or possible to delete it. In addition, we may keep your personal information as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements.

Access to Your Personal information - If required by law, upon request, we will grant reasonable access to personal information that we hold about you. All requests must be directed to the contact in the “Contact Information” section.

Online Tracking - We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.

Decline to Provide - You may choose not to provide some types of personal information to us. This choice may result in our websites or their functionality not working.

How We Protect Personal Information

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Our website may permit you to create an account. You are responsible for maintaining the confidentiality of your account password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

Cookies and Other Web Devices

Our website can send cookies to your web browser if your browser's preferences allow it. Cookie settings can be controlled in your internet browser to automatically reject some forms of cookies. If you view our website without changing your cookie settings, you are indicating you consent to receive all cookies from the website. If you do not allow cookies, some features and functionality of our website may not operate as expected. We currently do not use cookies for advertising purposes.

We may use Adobe Flash technology (including Flash Local Stored Objects "Flash LSOs") that allow us to, among other things, serve you with more tailored information, facilitate your ongoing access to and use of the website, and collect and store information about your use of the website. Our website or emails may also use pixel tags, web beacons, clear GIFs, or other similar technologies to measure the success of marketing campaigns, and compile statistics about usage and response rates, and other purposes.

Miscellaneous

The following additional information relates to our privacy practices:

Minors - Our websites are not for individuals under age 18. Those individuals should not access the website or provide personal information to us.

Transmission of Data to Other Countries - Your personal information is processed in the United States, where privacy laws may be less stringent than the laws in your country and where the government, courts, or law enforcement may be able to access your information. By submitting your personal information to us you agree to the transfer, storage and processing of your information in the United States.

Third Party Applications and Websites - We have no control over the privacy practices of websites or applications that we do not own.

Contact Information - If you have any questions, comments, or complaints concerning our privacy practices please contact us at the contact information provided on our website. We will ensure this information is up to date. We will attempt, where practical, to respond to your requests and to provide you with additional privacy-related information.

Changes To This Privacy Policy - We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information.

Effective: May 20, 2018

Terms Of Use

These Terms of Use (“Terms of Use”) are agreed to between the dealer business branded on the website and its affiliates and subsidiaries (“We, Us, Our,”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “You” or “Your”). We offer users (“Users”) the ability to access information, data, media, and other content (“Content”) through the website (“Website”).

PLEASE CAREFULLY READ THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE OR CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR CONTENT AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR CONTENT. YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE WEBSITE AND ITS CONTENT.

You are responsible for compliance with these Terms of Use. Unless You later enter into any other agreements with Us regarding the Website and Content, these Terms of Use are the complete and exclusive agreement between You and Us regarding Your access to and use of the Website and Content. These Terms of Use supersede any prior agreement or proposal, oral or written, and any other communications relating to Your use of the Website, Content, or as a User of the Website.

DEFINITIONS - Terms used in these Terms of Use have the definitions given in these Terms of Use or, if not defined here, have their plain English meaning as commonly interpreted in the United States.

TERM - These Terms of Use are entered into as of the earlier of the date You first accessed the Website or used the Website or Content and will continue until terminated as set forth herein.

MODIFICATIONS - We reserve the right, at any time, to modify the Website or Content, with or without notice to You, by making those modifications available on the Website. We also reserve the right, at any time, to modify these Terms of Use. We will inform You of the presence of any changes to these Terms of Use by posting those changes on the Website or by providing You with notice through the Website. Any modifications will be effective immediately upon posting on the Website or delivery of such notice through the Website. You may terminate these Terms of Use as set forth below if You object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Website or Content.

ACCESS

4.1 To the Website - Subject to Your compliance with these Terms of Use, We permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Use and any other agreement You agree to with Us before being given access to any specific aspects of the Website.

4.2 To Content - Unless otherwise noted on the Website, as between You and Us, We own all right, title, and interest in Content available through the Website, including all media, text, audio, video, photographs, illustrations, graphics, testimonials, catalogs, product descriptions, and other media. You represent and warrant that You will comply with these Terms of Use as for all Content available through the Website. All Content is provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use of any Content. We have not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any Content. Except as set forth in this Terms of Use, You are granted no licenses or other rights in or to any Content, or any IPR (as defined below) therein or related thereto.

4.3 To Accounts - The Website may allow you to create a User account. You are responsible for maintaining the confidentiality of any account information, password, and any other account information.

4.4 To Product Information - The Website may provide You with information about products or services not provided by Us but, instead, by other third parties. You agree that this information is provided by Us, not these third parties and therefore that these third parties are not liable for any information on the Website regarding their products or services. We provide this information for informal informational purposes only and We are not responsible for the accuracy of completeness of this information.

TERMINATION - These Terms of Use may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Use. Upon termination or expiration of these Terms of Use for any reason: (1) all rights and subscriptions granted to You under these Terms of Use will terminate; and (2) You will immediately cease all use of and access to the Website and all Content (including, without limitation, all Content You obtained prior to termination). Sections titled Definitions, Termination, Suspension, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Disputes, Governing Law and Venue, Notices, Linked Sites, and Additional Terms will survive any expiration or termination of these Terms of Use.

SUSPENSION - Without limiting Our right to terminate these Terms of Use, We may also suspend Your access to the Website or any Content, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct deemed by Us, in Our sole discretion, to be inappropriate or detrimental to the Website, Us, or any other User or third party.

WEBSITE TECHNOLOGY - The databases, software, hardware and other technology used by Us or on Our behalf of to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute Our (or Our third-party service provider’s) valuable trade secrets. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms of Use; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.

OWNERSHIP - Between the parties, We retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in the Technology and Content and any additions, updates, and modifications thereto. You receive no ownership interest in or to the Technology or Content and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Website, and Content under these Terms of Use. Any name, logo, and all product and service names associated with the Website and Content are Our (or Our third-party service provider’s) trademarks and You are granted no right or license to use them.

REPRESENTATIONS AND WARRANTIES

9.1 Mutual - Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms of Use, (b) these Terms of Use form a binding legal obligation on behalf of such party, and (c) it has the legal right and authority to perform its obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use.

9.2 Compliance with Laws - You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to Us that Your use of and access to the Website, including any Content, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause Us or any other third party to violate any applicable Laws. We are not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply.

9.3 No Warranties; Disclaimer - THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS OTHERWISE STATED, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE, CONTENT, OR THE PRODUCTS ADVERTISED ON THE WEBSITE OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, AND OTHER SUBJECT MATTER OF THIS TERMS OF USE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR EMPLOYEES WILL INCREASE THE SCOPE OF OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

WE MAKE NO WARRANTY THAT (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

INDEMNITY - You hereby agree to indemnify, defend, and hold harmless Us and Our officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) Your access to or use of the Website, or any Content, (2) Your collection and disclosure of any Content, (3) Your violation or alleged violation of applicable Laws, or (4) Your breach or alleged breach of any representation, warranty, or other provision of these Terms of Use. We will use reasonable efforts to provide You with notice of any such claim or allegation, and We will have the right to participate in the defense of any such claim at its expense.

LIMITATION ON LIABILITY - WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS TERMS OF USE AND ALL CONTENT PROVIDED UNDER THIS TERMS OF USE OR THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE PRECEDING 12 MONTHS. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

DATA PRIVACY - You expressly consent to the use and disclosure of Your personally identifiable information and other data and information as described in the Privacy Policy of the website you use. Notwithstanding anything in that Privacy Policy, We will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Website or Content. To the extent any such non-personally identifiable data or information is collected or generated by Us, between the parties the data and information will be solely owned by Us and may be used by Us for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.

FEEDBACK - If You provide Us any feedback or suggestions regarding the Website or Content (“Feedback”), You herby assign Us all rights in the Feedback and agree that We shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. We will treat any Feedback You provide to Us as non-confidential and non-proprietary. You agree that You will not submit to Us any information or ideas that You consider to be confidential or proprietary.

DISPUTES - Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms of Use, including the formation, validity, binding effect, interpretation, performance, breach or termination, of these Terms of Use and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms of Use (each, a "Dispute"), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association ("AAA") then in effect (the "Rules"). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the "Initial Period") after either party delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Us. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

GOVERNING LAW AND VENUE - The interpretation of the rights and obligations of the parties under this Terms of Use, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Georgia, U.S.A., as such laws apply to contracts between residents of Georgia without regard to conflict of laws provisions thereof. Subject to Section 14 (Disputes), each party will bring any action or proceeding arising from or relating to this Terms of Use exclusively in a federal or state court in the State of Georgia, U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts.

NOTICES - Unless otherwise specified in this Terms of Use, any notices required or allowed under these Terms of Use will be provided to Us by postal mail to the address We list on the Website. We may provide You with any notices required or allowed under these Terms of Use by sending You an email to any email address You provide to Us, provided that in the case of any notice applicable both to You and other Users of the Website, We may instead provide such notice by posting on the Website. Notices provided to Us will be deemed given when actually received by Us. Notice provided to You will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

COPYRIGHT NOTICES - We respect the intellectual property rights of others. We endeavor to promptly respond to any claim that the Website or anything on the Website infringes the copyright of any person. We will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under intellectual property law when we believe an infringement has taken place. To notify Us of a possible infringement, notices should be sent to the contact information found on Our Website. Your notice should include a detailed description of the alleged infringement that will enable Us to make a reasonable determination. If We have notified You that You may be infringing, You may provide us with a counter notice (using the contact information on Our Website) containing sufficient information for Us to make a reasonable determination. Please note that You may be held accountable for damages (including attorney’s fees) for misrepresenting infringement.

LINKED SITES - The Website or Content may contain links to third-party sites or content that are not under Our control. If You access a third-party site or content from the Website, then You do so at Your own risk and We are not responsible for any content on any linked site. You may establish a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us or any group or individual affiliated with Us. You may not use on Your site any Content or marks appearing on the Website. You may not frame or otherwise incorporate into another site the Content or other materials on the Website.

ADDITIONAL TERMS - Unless otherwise amended, these Terms of Use will exclusively govern Your access to and use of the Website and Content, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Website and Content. Except as expressly set forth in these Terms of Use, these Terms of Use may be amended or modified only by a writing signed by both parties. All waivers under these Terms of Use must be in writing or later acknowledged in writing. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms of Use is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither these Terms of Use nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms of Use to any party that assumes Our obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any reference herein to "including" will mean "including, without limitation." Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.